The Robert Fulton
U.S. Circuit Court for New York
This was an appeal from a decree of the district court of the United States for the Southern district of New-York. The ship Robert Fulton was attached in the court below, on a libel, filed by Francis H. Nicoll and Henry W. Nicoll, the respondents, on the 11th day of May, 1826, praying for the condemnation and sale of the vessel, to satisfy their demand for materials furnished by them to the amount of 5,981 dollars 42 cents, in the necessary repairs of the vessel.
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This was an appeal from a decree of the district court of the United States for the Southern district of New-York. The ship Robert Fulton was attached in the court below, on a libel, filed by Francis H. Nicoll and Henry W. Nicoll, the respondents, on the 11th day of May, 1826, praying for the condemnation and sale of the vessel, to satisfy their demand for materials furnished by them to the amount of 5,981 dollars 42 cents, in the necessary repairs of the vessel. Twenty-seven distinct claims were put in for materials and labour furnished, in repairing the vessel, and amounting in the…
1Opinion of the Court
THOMPSON, Circuit Justice.
The material inquiry in this case is whether the appellants, by their petition and claim presented to the district court, have so far submitted to the jurisdiction of that court, as to be deemed to have waived all rights acquired by virtue of their attachment against the ship, under the laws of this state. Act 10th August, 1798, and the amendment, 28th February, 1817. By these laws, all ships or vessels built, repaired, or equipped in this state, whether owned by residents or non-residents therein, are made liable for all debts contracted on account of any work done,…
2Cases cited1 opinion
- The Ship Nancy v. FitzpatrickNew York Supreme Court · 1805
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- Thompson v. Van VechtenThe Superior Court of New York City · 1855
- State ex rel. Hill v. TaylorMissouri Court of Appeals · 1877
- Keating v. SpinkOhio Supreme Court · 1854
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